Md. Code Regs. 07.07.06.05

Current through Register Vol. 51, No. 24, December 2, 2024

Section 07.07.06.05 - Methods of Child Support Enforcement

A. Earnings Withholding. The support enforcement agency shall issue an earnings withholding notice in accordance with COMAR 07.07.19 for:

(1) Civil child support orders; and

(2) Criminal nonsupport orders.

B. Noncustodial Parent Contact. The support enforcement agency may contact the noncustodial parent, by telephone or mail, to negotiate a lump sum payment or a payment plan to pay the arrears.

C. Court Action.

(1) The support enforcement agency may initiate contempt proceedings against the noncustodial parent when the noncustodial parent accumulates more than 30 days arrears.

(2) When an arrearage exists under a child support order issued in a criminal nonsupport proceeding, the support enforcement agency shall notify the attorney for the support enforcement agency of the arrearage not later than 60 days before the expiration of the order.

(3) The support enforcement agency may request that the attorney for the support enforcement agency provide all necessary legal services for:

(a) Garnishing financial accounts and attaching assets of the noncustodial parent;

(b) Securing a performance bond; and

(c) Using any other form of legal process considered appropriate.

D. IRS Full Collection Service. The support enforcement agency may apply for collection by the IRS, when the support enforcement agency documents that:

(1) There are arrears equal to or exceeding $750;

(2) Local, State, and intergovernmental enforcement efforts have failed; and

(3) The noncustodial parent has known assets.

E. Lien Against Real Property. The support enforcement agency may file a notice of a child support lien with the clerk of a circuit court under Family Law Article, § 10-141, Annotated Code of Maryland, if:

(1) The noncustodial parent is in arrears for a child support obligation in an amount exceeding $500;

(2) The unpaid child support constitutes a lien under Family Law Article, § 10-140, Annotated Code of Maryland; and

(3) Real property deeded to the noncustodial parent has been identified and the noncustodial parent's ownership interest in the property has been verified.

F. Garnishment of Financial Accounts. The support enforcement agency may initiate action to garnish the financial account of a noncustodial parent under Maryland Rule 2-645, if:

(1) The noncustodial parent owes at least $500 arrears; and

(2) The support enforcement agency has verified that the noncustodial parent has ownership interest in the account.

G. Performance Bond. The support enforcement agency may request that a court order a noncustodial parent to post a bond to ensure consistent payment of a child support obligation if:

(1) The noncustodial parent owes at least $500 arrears;

(2) Financial accounts of the noncustodial parent cannot be garnished;

(3) Financial accounts of the noncustodial parent have sufficient value to satisfy:

(a) All arrears owed; or

(b) A portion of the arrears equal to 6 months of the support ordered amount;

(4) The noncustodial parent is:

(a) Self-employed; or

(b) Earnings withholding has not been effective;

(5) The noncustodial parent's payment history has been poor as evidenced by:

(a) Irregular payments; or

(b) Payments less than the support ordered amount; and

(6) The noncustodial parent is out of compliance with the most recent support order.

H. National Medical Support Notice (NMSN). The support enforcement agency shall issue a NMSN in accordance with COMAR 07.07.20 to enforce the medical support provisions of a child support order.

I. Other Remedies. The support enforcement agency shall initiate other enforcement remedies as provided for in this subtitle.

Md. Code Regs. 07.07.06.05

Regulation .05 amended effective October 15, 2001 (28:20 Md. R. 1781)
Regulation .05A, H amended effective January 19, 2004 (31:1 Md. R. 30)
Regulation .05D amended effective October 31, 2011 (38:22 Md. R. 1345)